All Hell Breaks In Judiciary Committee Loose When Cruz, Kennedy Explode At Laphonza Butler
Summary
TLDRIn a heated Senate hearing, Judge Netburn is questioned by Senator Cruz about a controversial case involving a transgender, serial rapist who was convicted of multiple crimes, including child pornography. The judge's decision to place the individual in a women's prison, despite their male genitalia and history of violent sexual offenses, is challenged. Senator Cruz accuses the judge of prioritizing political ideology over the rights and safety of the women in the prison. Judge Netburn defends her decision by citing the lack of evidence of violence during the individual's incarceration and the recommendations of wardens and medical providers. The exchange highlights a conflict between legal interpretation and societal concerns about safety and justice.
Takeaways
- 👨⚖️ The judge in question is being accused of prioritizing political ideology over individual rights, specifically in a case involving a transgender inmate.
- 🏢 The case revolves around a male defendant who has been convicted of multiple sexual offenses, including the rape of a minor, and is seeking to be placed in a women's prison.
- 🗣️ There is a debate over whether the judge's decision was influenced by political bias rather than an objective application of the law.
- 🚫 The judge is criticized for disregarding the rights and safety of other women in the prison, who may be at risk due to the presence of a serial rapist.
- 🧬 The judge acknowledged the inmate as 'entirely a female' despite the inmate having male genitalia and a history of serious crimes.
- 🏥 The judge cited the lack of evidence of physical or sexual violence by the inmate while in custody as a basis for the decision to transfer the inmate to a women's facility.
- 👥 Three wardens and the Bureau of Prisons' medical provider supported the transfer due to the inmate's serious medical needs.
- 🔍 The judge found that the Bureau of Prisons' denial of the transfer request was based on a pretext regarding hormone levels rather than concerns about violence.
- 💬 The judge's written order contains statements that some perceive as politically activist in nature, such as the idea of gender assignment at birth.
- 🤔 The dialogue suggests a broader concern about the judge's approach to cases, with accusations of radicalism and questions about her suitability for the bench.
- 📖 The judge's testimony and the written order appear to be in conflict, with the judge later stating that the Bureau of Prisons did not express concerns about sexual violence, contrary to what was written in her report.
Q & A
What was the main issue discussed in the court regarding the male defendant?
-The main issue discussed was the placement of a biologically male defendant, who had committed multiple sexual offenses including raping a child and possessing child pornography, into a women's prison after identifying as a female.
What did the judge, Judge Netburn, state about the defendant's gender identity?
-Judge Netburn stated that the defendant was 'sober and entirely a female' when expressing the defendant's gender identity, which was a point of contention in the discussion.
What was the defendant's stance on his own gender identity?
-The defendant, who is biologically male, expressed a desire to be recognized as a female and to be placed in a women's prison.
What concerns were raised by the Bureau of Prisons regarding the defendant's placement in a women's prison?
-The Bureau of Prisons raised concerns about the potential risk of sexual assault and trauma to the female prisoners if the defendant, who is a serial rapist, was placed in a women's prison.
How did Judge Netburn respond to the Bureau of Prisons' concerns about the defendant's potential risk of reoffending?
-Judge Netburn dismissed the concerns, stating that there was no evidence of the defendant being at risk of reoffending and that the Bureau's concerns were overblown.
What were the arguments made by Senator Cruz regarding the judge's decision?
-Senator Cruz argued that Judge Netburn's decision demonstrated a willingness to subjugate the rights of individuals, specifically the rights of the women in the prison, to satisfy a political ideology.
What evidence did Judge Netburn consider in making her decision?
-Judge Netburn considered the lack of physical or sexual violence by the defendant while in custody, the requests from three wardens for the defendant's transfer due to medical needs, and the testimony of the Bureau of Prisons' medical provider recommending the transfer.
What was the role of the transgender executive Council in this case?
-The transgender executive Council was responsible for making decisions on behalf of transgender transfer requests within the Bureau of Prisons. They denied the transfer request based on the need to maintain the defendant's hormone levels, not on the risk of violence.
What was the contradiction pointed out by Senator Kennedy regarding Judge Netburn's statements?
-Senator Kennedy pointed out a contradiction between Judge Netburn's written report and her oral testimony. In her report, she acknowledged the Bureau of Prisons' concern about sexual violence and trauma, but in her testimony, she stated that the Bureau did not express such concerns.
What was the final decision made by Judge Netburn regarding the defendant's placement?
-Judge Netburn decided to place the defendant in a women's facility, finding the Bureau of Prisons' denial of the transfer request based on hormone levels to be a pretext and not on the risk of violence.
Outlines
🏛️ Judicial Confrontation Over Transgender Inmate's Rights
In this heated exchange, a judge is questioned by a senator regarding a controversial decision to place a transgender inmate, who is a convicted serial child rapist, into a women's prison. The senator challenges the judge's ruling, suggesting that political ideology influenced the decision over the rights of individual women to be safe from potential sexual assault. The judge defends their decision, citing the inmate's hormone levels and lack of violence during incarceration as the basis for the ruling. The dialogue also touches on the broader issue of gender assignment at birth and the responsibilities of the Bureau of Prisons in managing inmate transfers.
🗣️ Senate Hearing on Judge's Decision and Inmate Safety
This paragraph continues the Senate hearing where a judge is grilled over their decision to transfer a transgender inmate to a women's facility. The judge is accused of endangering the rights and safety of women in the prison. The judge counters by explaining that the inmate had shown no signs of violence or sexual aggression while in custody and that multiple wardens supported the transfer due to the inmate's medical needs. The judge also mentions the lack of objections from the transgender executive Council regarding the transfer on grounds of violence. The senator, however, remains critical of the decision, highlighting the potential risk to the safety of female inmates.
🤔 Reflection and Acknowledgment of Judicial Process
The final paragraph of the script is a brief acknowledgment of the judge's patience and dignity during the intense questioning. It serves as a transition or a pause in the proceedings, possibly indicating the end of the judge's testimony or a moment of reflection before moving on to the next part of the hearing.
Mindmap
Keywords
💡Stay of decision
💡Political ideology
💡Rape
💡Parole
💡Child pornography
💡Transgender
💡Hormonal
💡Serial rapist
💡Bureau of Prisons
💡Penological interest
💡Transgender Executive Council
Highlights
Judge Netburn questioned on prioritizing rights of individuals over political ideology.
Discussion on the case involving a male defendant convicted of raping a 9-year-old boy and a 17-year-old girl.
The defendant's criminal history includes deviant conduct and parole violation due to internet use.
Controversy over the placement of a 6'2" serial rapist with male genitalia in a women's prison.
Judge Netburn's decision to transfer the defendant to a women's prison despite concerns about safety.
Senator Cruz's challenge to Judge Netburn on the rights of other women in the prison.
Judge Netburn's response to accusations of being influenced by political ideology rather than the law.
Concerns raised about the defendant's risk of reoffending in a women's prison.
Judge Netburn's justification for her decision based on the lack of evidence of violence during incarceration.
Criticism of Judge Netburn's order as being more of a political activist's statement than a judge's order.
The Bureau of Prison's argument about the risk of sexual assault in a women's prison is dismissed by Judge Netburn.
Judge Netburn's explanation of the conditions under which the defendant was deemed unsafe.
Testimony from wardens and the Bureau of Prisons' medical provider recommending the transfer for medical needs.
The transgender executive council's decision-making process and its impact on the transfer request.
Judge Netburn's assertion that the denial of transfer was based on hormone levels, not violence.
Senator's confrontation with Judge Netburn on the contradiction between her report and her testimony.
Judge Netburn's final statement on the decision-making process and the lack of violence as a reason for denial.
Transcripts
government did not move for a stay of
the
decision well judge netburn I'm going to
continue on this line of
questioning in your court what matters
more the rights of individuals are your
political
ideology I apply the law to the facts I
asked a question which matters more well
my political ideology doesn't matter at
all okay so I don't believe you and I
think this case
demonstrates that you are willing to
subjugate the rights of individuals to
satisfy your political
ideology this
case involves a male
defendant who raped a 9-year-old boy was
he guilty of that yes the petitioner
pled guilty to that okay so he raped a
9-year-old boy he also raped a
17-year-old girl was he guilty of that
he pled guilty the pled guilty to that
crime as well so was he guilty I I hope
so because she pled guilty to it he was
a he when he did this that's correct and
also criminal de deviant conduct which
the record doesn't doesn't uh disclose
what that was
exactly then after serving in
prison Mr mlan was released for
parole but then violated the terms of
parole by having internet and was sent
back to
prison one year after being released
again he was convicted of having child
pornography is that
correct I'm I'm unclear on exactly the
time frame that you're at but but the
petitioner was convicted of Distributing
child pornography child pornography that
that was images of adults violently
raping children abhorent conduct okay
for which there are real
victims and this
individual
6'2 biologically a man a minute ago you
said that when this
man decided that he was a she you you
you said this individual was quote I
wrote it down sober and entirely a
female that phrase struck me as as as
remarkable did this individual have male
genitalia I think what I said or at
least that is a Verbatim quote entirely
a female sorry what I meant to say was
hormonally a female okay but that's not
entirely did this individual had male
genitalia yes so you took a 6 foot two
serial
rapist serial child
rapist with male genitalia and he said
you know I'd like to be in a women's
prison and your answer was that sounds
great to me let me ask you something the
other women in that prison do they have
any
rights is is that a question you're
asking me yes the other women in that
prison do they have any rights of course
do they have the right not to have a 6'2
man who is a repeat Pete serial rapist
put in as their cellmate Senator Cruz I
considered the facts presented to me and
I reached a decision I asked you a
question I asked you a question do they
have a right not to have a 6 fo2 man who
is a serial rapist put in as their
cellmate do those women have a right to
that every person who's incarcerated has
the right to be safe in their space but
you didn't think so you you didn't think
so and in fact I'm gonna give some
quotes from your order because Senator
Kennedy is right this is not a judge's
order this is a political activist by
the way the beginning of your order be
uh
says at Birth people are typically
assigned a gender I got to say that
would astonish a lot of Americans a lot
of Americans think you you go to the
hospital a baby's born and you
congratulations you have a little boy a
little girl the assigned a gender I know
you went to Brown but it sounds like
it's in a college faculty lounge with no
bearing on reality
the Bureau of Prison
argued what I'm saying right now that if
you put this person in a female prison
there will be a risk of sexual assault
to the women and you know what you did
you said you didn't care about the women
I'm going to quote what you wrote you
wrote quote the Bureau of Prisons claim
penological interest in protecting
female prisoners from sexual violence
and Trauma this interest is legitimate
that's kind of you to say but there are
no signs that petitioner is at risk of
reoffending the record is devoid of
evidence of incident of violence or
assault during partitioners
incarceration when she was the
perpetrator only the victim a
theoretical risk of sexual assault by
The Prisoner without more cannot support
the bop's
position no evidence
theoretical have you dealt in what
universe is someone who is a Serial
repeat child
rapist not at a risk of
reoffending Senator as I do in every
case I know you've been told to repeat
the line I follow the law I asked a
question in what
universe is someone who is a Serial
repeat child rapist not at risk of
reoffending sir I looked at the facts
that were before me in this case all of
the evidence including the statements of
every Warden who had supervised this
petitioner you also wrote The Bop also
posits that permitting petitioner to
live among women will be traumatizing
and possibly dangerous to them this
concern is overblown I have to say if I
were the father of one of those
women and you decided that my daughter's
cellmate was going to be a 6'2 man who
over and over and over again committed
violent sexual
assault I would say the entire Justice
System is absurd and it is clear on your
record your political ideology matters a
heck of a lot more than the rights of
those women that you endangered I think
you're a radical and I think you have no
business being a
judge judge netb there was um an
opportunity during your exchange with
Senator Cruz that you were attempting to
offer uh um a response relative to uh
the the conditions under which um this
uh petitioner um were was unsafe in the
facilities uh in which she was being
held I'd like to offer you the
opportunity to finish that response so
the facts that were presented to me and
what I relied on to make my decision
were that the petitioner had engaged in
no violence no physical violence no acts
of sexual violence whatsoever while in
custody all three wardens who supervised
the petitioner requested that she be
transferred to a women's facility
because of her serious medical needs in
addition the Bureau of Prisons longtime
Medical provider testified at a two-day
Hearing in my courtroom and recommended
that the petitioner be transferred
because of her serious medical needs and
the last thing I'll say is that the
transgender executive Council which is
the body that makes decisions on behalf
of transgender transfer requests within
the Bureau of Prisons never said that
the petitioner could not be transferred
and never ever said that she couldn't be
transferred because of any risk of viol
violence what the transgender executive
Council repeatedly said in denying the
request was simply that she needed to
maintain her hormone levels that was the
repeated um justification for the denial
of transfer but the petitioner had
reached full female hormone levels
before even being incarcerated at the
time the district judge in Indiana who
sentenced the petitioner requested that
she be placed in a women's facility
her hormones were entirely female at
that point and so the decision by the
transgender executive Council to deny
the transfer request based on this idea
that it was only because her hormones
needed to be consistent and stabilized I
found was a pretext but they never once
said she cannot be transferred because
of violence it was always based on this
idea that our hormones had to be thank
you judge nurn Senator that's directly
to what report
follow follow how it works that is
exactly how it works you follow up you
didn't get extra time and she just
directly contradicted her own report I'm
just going to read her own
words exctly the opposite of what she
said your own Senators Senators I I gave
both of you more time to finish your
lineup question I allowed the witness to
finish I allowed the witness finish you
open the you witness to finish her your
stat I understand you're scared
ofus M Madam
chair she has an obligation to explain
why she directly contradicted what she
wrote in her report she says in her
report the Bureau of Prison claimed
penological interest is in protecting
female prisoners from sexual violence
and Trauma she just told you the Bureau
of Prisons didn't say there was a
concern about sexual violence and Trauma
those are directly contradictory and why
are you contradicting what you wrote in
your report what
you no wait por
of are you going to let her answer that
question you don't want her to answer
that
question
C afraid of the answer to cover up are
you afraid of the answer to that
question so yes you are afraid of the
answer to that question Senator clearly
you're afraid of the answer to that
question
this is
absurd to of the uh nominees before us
appreciate your patience and uh your
dignity
5.0 / 5 (0 votes)
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